36.2.1 Categorisation of 'prescribed persons'

The categories of 'prescribed persons' can be summarised as follows:

• a spouse of the client, including a de-facto spouse of the same sex or a different sex, a person in a prescribed registered relationship with the client and living with the client and a spouse by Aboriginal or Torres Strait Islander custom (S19(12)(a))
• a person (16 years or older) who has a specified blood or marriage relationship with the client (S19(12)(b)(i)). This includes a relationship arising from adoption or illegitimacy (S19(13))
• a person (16 years or older) who stands in the position of a parent or a child to the client (S19(12)(b)(ii)).
• a person (16 years or older) who is wholly or mainly maintained by the client and who cares for a dependent child of the client (S19(12)(b)(iii)).

A child under 16 cannot be a 'prescribed person'. However, a young person aged between 16 and 24 (inclusive) may, in some circumstances, be both a 'prescribed child' and a 'prescribed person'. In such a case, for the purpose of calculating statutory rates, the person/child will only be counted once.